MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary A

By: Representative Blackmon

House Bill 1345

AN ACT TO PROVIDE THAT ANY CIRCUIT OR COUNTY COURT MAY UTILIZE THE MENTAL HEALTH RECORDS OF A DEFENDANT FOR BOND AND SENTENCING HEARINGS; TO PROVIDE A DEFINITION FOR MENTAL HEALTH RECORDS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Notwithstanding any provision of the federal Health Insurance Portability and Accountability Act (HIPPA), any circuit or county court judge is authorized to obtain and utlize the mental health records of a defendant during a bond or sentencing hearing.  As used in this section, "mental health records" means any mental health histories, reports, summaries, diagnoses and prognoses, treatment and medication information, notes and entries from any mental health services provider.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2017.